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MEMORANDUM DATE:

February 26, 1997

TO FROM

: :

The Commission Sadye E. Dunn, Secretary Eric A. Rubel, General Counsel Stephen Lemberg, Assistant General Allen F. Brauninger, Attorney, April Regulatory Agenda TIME CRITICAL BALLOT VOTE DUE: IdAft 6 - , 1997

SUBJECT:

Section 602 of the Regulatory Flexibility Act (RFA) (5 U.S.C. S 602) requires all Federal agencies to publish a regulatory agenda in the Federal Register twice each year. The semi-annual publications must list those rules which are expected to be proposed or issued during the next twelve months and which may have a significant economic impact on a substantial number of small entities, including small businesses. Additionally, Executive Order 12866, issued on September 30, 1993, requires all agencies, including independent agencies such as the Commission, to publish an agenda of regulatory actions expected to be under development or review by the agency during the next 12 months. That order provides that such an agenda shall be in the format specified by the Office of Management and Budget, and may be combined with the regulatory flexibility agenda published in accordance with the RFA. Attached is a draft Flederal Register notice to announce the Commission's current regulatory agenda. This draft, including the preamble, is in the format specified by OMB for inclusion in the Unified Agenda of Federal Regulatory and Deregulatory Actions, to be published in April 1997. That format is generally similar to the one used for previous editions of the Unified Agenda.

Page 1 of 3
NOTE: This document reviewed +tiai o d accepted Date has not been by the Commission. 2/zL/97

The attached draft of the regulatory agenda has been reviewed and approved in accordance with procedures implementing section 6(b)(6) of the Consumer Product Safety Act to assure the accuracy of information concerning the safety of consumer The information in the attached draft is current products. through February 25, 1997. If the Commission approves publication of the attached draft, the draft will be revised to reflect any change in the status of any activity described in the agenda which occurs between February 25, 1997, and the closing date for submission of changes to OMB.

Please indicate your vote: I Approve the attached draft of the Commission's regulatory agenda without change.

Signature

Date

II

Approve the attached draft of the Commission's regulatory agenda with the following changes (please specify):

Signature

Date

Page 2 of 3

III Take other action (ple<asespecify):
--

Signature

--

Date

Page 3 of 3

CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Ch. II Regulatory Flexibility Act; Semiannual Regulatory Flexibility and Unified Agendas AGENCY: ACTION: Consumer Product Safety Commission. Semiannual regulatory agenda.

SUMMARY: In this document, the Commission publishes its semiannual regulatory flexibility agenda. In addition, this

document includes an agenda of regulatory actions the Commission expects to be under development or review by the agency during the next year. This document meets the requirements of the

Regulatory Flexibility Act and Executive Order 12866. DATES: The Commission welcomes comments on each subject area of Written comments

the agenda, particularly from small entities.

concerning the agenda should be received in the Office of the Secretary by June 30, 1997. -DRESSES: Comments on the regulatory flexibility agenda should

be mailed to the Office of the Secretary, Consumer Product Safety Commission, Washington DC 20207, telephone (301) 504-0800, or

delivered to the Office of the Secretary, room 502, 4330 EastWest Highway, Bethesda, Maryland 20814. Comments should be

captioned "Regulatory Flexibility Agenda." FOR FURTRBR INFORMATION CONTACT: For further information on the

agenda in general, contact: Allen F. Brauninger, Office of the General Counsel, Consumer Product Safety Commission, Washington, DC 20207, telephone (301) 504-0980. For further information

regarding a particular iteim on the agenda, consult the individual for that particular item. listed in the column headed llContact'V SUPPLEHEN!l!ARY INFORMATION: The Regulatory Flexibility Act (RFA)

(5 U.S.C. 601-612) containis several provisions intended to reduce unnecessary and disproportionate regulatory requirements on small businesses, small governmental organizations, and other small entities. Section 602 of the RFA (5 U.S.C. 602) requires each

agency to publish twice each year a regulatory flexibility agenda containing a brief description of the subject area of any rule expected to be proposed or promulgated which is likely to have a "significant economic impact" on a "substantial number" of small entities. The agency must also provide a summary of the nature

of the rule, and a schedule for acting on each rule for which the agency has issued a notice of proposed rulemaking. The regulatory flexibility agenda is also required to contain the name and address of the agency official knowledgeable about the items listed. Further, agencies are required to

provide notice of their agendas to small entities and to solicit their comments by direct notification or by inclusion in publications likely to be obtained by such entities. Executive Order 12866 requires each agency to

Additionally,

publish twice each year a regulatory agenda of regulations under development or review during the next year and states that such an agenda may be combined with the agenda published in accordance with the RFA.

2

The regulatory flexibility agenda published below lists the regulatory activities expected to be under development or review during the next 12 months. It includes all such activities,

whether or not they may have a significant economic impact on a substantial number of small entities. The agenda contains a brief description and summary of each regulatory activity, including the objectives and legal basis for each; an approximate schedule of target dates, subject to revision, for the development or completion of each activity; and the name and telephone nuniber of a knowledgeable agency official concerning particular have the same address: Washington, Dated: DC 20207. . items on the agenda. All agency contacts

Co:nsumer Product Safety Commission,

Sadye E. Dunn, Secretarv, Consumer Product Safetv Commission.

DATE 2/25/97 PAGE 1 TITLE: Flammability Standard for 'Upholstered Furniture RIB: 3041-AD35 (PROPOSED)

REGULATORY PLAN: Yes PRIORITY: Economically Significant. Major status under 5 USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 15 USC 1293 Flammable Fabrics Act CFR CITATION: 16 CFR 1640 LEGAL DEADLINE: None ABSTRACT: On June 15, 1994, the Commission published an advance notice of proposed rulemaking (ANPRM:)to begin a proceeding for development of a flammability standard to address risks of death, injury, and property damage from fires, associated with ignition of upholstered furniture by small open-flame sources, such as matches or lighters. This ANPRM was issued after the Commission granted part of a petition requesting development of a mandatory flammability standard to address risks of injury from ignition of upholstered furniture by (l)small open-flame sources; (2) large open-flame sources; and The Commission voted to deny that part of the (3) cigarettes. petition requesting development of a mandatory standard to address hazards associated with ignition of upholstered furniture by large open-flame sources. The C!ommission also voted to defer a decision on that part of the petition requesting development of a standard to address cigarette ignition, and directed the staff to report to the Commission on the effectiveness of, and the extent of industry compliance with, a voluntary program to reduce risks of ignition of upholstered furniture by aigarettes. The Commission staff is now conducting technical research to develop a standard to address ignition of upholstered furniture by small open-flame sources. In 1997, the staff is scheduled to brief the Commission on its findings and will present alternatives for future action by the Commission.

DATE 2/25/97 PAGE 2
RIN:

3041-AB35 TITLE: Flammability Standard for Upholstered Furniture

TIMETABLE: ACTION DATE FR CITE 59 FR 30735 59 FR 30735

ANPRM ...................................... 06/15/94 ANPRM Comment Period End...................O8/15/9 4 Staff Sends Briefing Package to Commission ............................ 06/00/97 SMALL ENTITIES AFFECTED: Undetermined GOLEVELS AFFECTED: Undetermined

AGENCY CONTACT: Dale R, Ray, Project Manager, Consumer Product Safety Commission, Directorate for Economic Analysis, Washington, DC 20207, 301 504-0962

DATE 2/25/97 PAGE 1 TITLR: Baby Walkers RIN: 3041-AH40 (LONG-TERM)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under 5 USC 801 is undetermined. REINVENTING GOYRRNMRNT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 15 USC 1261 Federal Hazardous Substances Act 15 USC 1262 Federal Hazardous Substances Act CFR CITATION: 16 CFR 1500 LEGAL DEADLINE: None A3STRACT: On August 2, 1994, the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding which may result in the issuance of mandatory design or performance requirements for A baby walker is a device that supports a child so baby walkers. that the child can use his or her feet to move about before or while learning to walk. Typically, a baby walker consists of a fabric seat which has leg openings and is mounted to a rigid plastic deck. The deck is attached to a base which usually is mounted on wheels to In 1994, an estimated 25,500 children younger than allow mobility. 15 months of age were treated in hospital emergency rooms for injuries associated with baby walkers. The majority of these injuries resulted from ,falls down stairs or steps. Among the regulatory options under consideration by the Commission are mandatory performance or design requirements to reduce risks of injury associated with baby walkers, particularly those resulting to children from falls down stairs. In response to the Commission's work in this area, the industry developed a voluntary standard for baby walkers in 1996 to address the hazard of falling down stairs. The staff is developing information concerning the extent of industry conformance with that voluntary standard, designated "Standard Consumer Safety Specification for Infant Walkers, SF 977-96, published by ASTM (The American Society for Testing and The ASTM standard contains requirements to address Materials). risks of injury to children from falls down stairs associated with baby walkers. The staff will send that information to the Commission together with options for Commission action, including withdrawal of the ANPRM and further regulatory proceedings.

DATE 2/25/97 PAGE 2 RIN: 3041-AB40 TITLE: Baby Walkers TIMETABLE: ACTION DATE FR CITE 59 FR 39309 59 FR 39309

ANPRM ............................................ 08/02/94 ANPRM Comment Period End.........................lO/O3/9 4 Staff Sends Additional Information to Commission....................OO/OO/O 0 SMALL ENTITIES AFFECTED: Undetermined GB LEVELS AFFECTED: Undetermined

AGENCY CONTACT: Barbara Jacobson, Project Manager, Consumer Product Safety Commission, Dir. for Epidemiology & Health Sciences, Washington, DC 20207, 301 504-0477

DATE 2/25/97 PAGE 1 TITLE: Safety Standard for Bicycle Helmets RIN: 3041-AB42 (FINAL)

PRIORITY: Other Significant Major status under 5 USC 801 is undetermined. LEGAL AUTHORITY: 15 USC 6004 Children's Bicycle Helmet Safety Act of 1994; 5 USC 553 Administrative Procedure Act CFR CITATION: 16 CFR 1203 REINVENTING GOVERNNENT: This rulemaking is not part of the Reinventing Government effort. LEGAL DEADLINE: NPRM, Statutory, August 15, 1994 ABsTRAc!l!: The Children's Bicycle Helmet Safety Act of 1994 directs the Commission to begin a proceeding to issue a safety standard for bicycle helmets. That legislation also directs the Commission to designate appropriate existing standards for bicycle helmets as interim safety standards. On August 15, 1994, the Commission published a notice of proposed rulemaking to begin a proceeding for issuance of a safety standard for bicycle helmets. The proposed standard included impactattenuation requirements and other requirements derived from existing voluntary standards for bicycle helmets. The proposed standard also contained requirements to help prevent helmets (cont.) TIMETABLE: ACTION DATE FR CITE 59 FR 41719 59 FR 41719 60 FR 15231 60 FR 62662 60 FR 62662

NPRM ...................................... 08/15/94 NPRM Comment Period End...................lO/31/9 4 Designation of Interim Standards ............................... 03/23/95 NPRM Revised Proposed Standard............l2/06/9 5 NPRM Comment Period Ends..................O2/20/9 6 Staff Sends Briefing Package to Commission ........................... 07/00/97 SMALL ENTITIES AFFECTED: None GOVERNMENT LEVELS AFFECTED: None

DATE 2/25/97 PAGE 2 RIN: 3041-AB42 TITLE: Safety Standard for Bicycle Helmets ABSTRACT: (CONT) coming off the rider's head during an accident, and other provisions specifically applicable to helmets intended for children. In March, 1995, the Commission designated the following standards as interim safety standards for bicycle helmets: (1) American National Standards Institute (ANSI) standard 290.4-1984, Protective Headgear for Bicyclists; (2) ASTM (The American Society for Testing and Materials) standards F 1447-93 or F 1447-94, Standard Specification for Protective Headgear Used in Bicycling, incorporating relevant provisions of ASTM F 1446-93 or F 1446-94, Standard Test Methods for Evaluating the Performance Characteristics of Protective Headgear; (3) Canadian Standard Association (CSA) standard for Cycling Helmets - CAN/CSA-D113.2-M89; (4) Snell Memorial Foundation (Snell) 1990 Standard for Protective Headgear for Use in Bicycling (designated B-90); (5) Sne:Ll 1990 Standard for Protective Headgear for Use in Bicycling, including March 9, 1994 Supplement (designated 3-90s) ; (6) Snell 1994 Standard for Protective Headgear for Use in Non-Motorized Sports (designated N-94); and (7) Snell 1995 Standard for Protective Headgear for Use with Bicycles (designated B-95). Bicycle helmets manufactured after March 16, 1995, must conform with the requirements of one of these interim standards until the Commission issues a final standard for bicycle helmets. After the staff evaluated ,public comments on the proposed standard and conducted additional research, the Commission revised the proposed safety standard for bicycle helmets. -The Commission published the revised proposal for public comment on December 6, 1995. The staff is evaluating comments on the revised proposed standard. In July 1997, the staff is scheduled to transmit a briefing package to the Commission concerning issuance of a final standard. AGENCY CONTACT: Scott Heh, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207, 301 504-0494

DATE 2/25/97 PAGE 1 TITLE: Petition HP 95-l Requesting Development of a Safety Standard for Protective Batting Helmets RIN: 3041-AB43 (PRERULE)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under !5USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAZ AUTHORITY: 5 USC 553(e) Administrative Procedure Act; 15 USC 1261 Federal Hazardous Substances Act CFR CITATION: 16 CFR 00 LEGAL DEADLINE: None ABSTRACT: A petition from the American Academy of Facial Plastic and Reconstructive Surgery req[uests the Commission to develop a safety standard for protective batting helmets intended for children younger than 15 years of age. The standard requested by the petition would require all protective batting helmets subject to its provisions to be manufactured with a face guard that conforms to Standard F910 published by ASTM (The American Society for Testing On November 1, 1994, the Commission published a and Materials). notice in the Federal Register inviting comments on the petition from interested parties. On July 14, 1995, the Commission voted to defer a decision on the petition until additional information became available about circumstances surrounding facial injuries associated with baseball and softballl. In May 1996, the Commission published the results of a study of baseball-related injuries and protective equipment. In the Federa Register of August 6, 1996, the Commission published a notice inviting comments on the petition and that part of the study concerned with facial injuries and batting helmets with face guards. On January 17, 1997, the Commission voted to deny the petition, and directed the staff to draft a letter of denial to the petitioner. The Commission also directed the staff to write to the organized youth leagues to encourage the use of batting helmets with face guards by all of their players.

DATE 2/25/97 PAGE 2 RINr 3041~AB43 TITLE: Petition HP 95-l Requesting Development of a Safety Standard for Protective Batting Helmets TIMETABLE: ACTION DATE FR CITE 59 FR 54548 59 FR 54548 22 61 FR 408:~ .^ 61 FR 40822

11/01/94 Notice to Solicit Comments ..................... Comment Period End ............................ 01/03/95 Notice to Solicit Comments on Injury Report and Petitian...............08/06/96 Comment Period End............................O9/20/96 ---____ _ ~~ Commission Decision..........*................Ol/l7/97 Staff Implements Commission 03/00/97 Decision ... . .... ...........s................. SMALL ENTITIES AFFECTED: Undetermined GOVERNMENT LEVELS AFFECTED: Undetermined
AGENCY

CONTACT: Susan Kyle, Project Manager, Consumer Product Safety Commission, Dir, for Epidemiology t He,alth Sciences Washington, DC 20207, 301 504-0470

.

DATE 2/25/97 PAGE 1 TITLE: Petition HP 93-l Requesting Development of a Rule to Ban Certain Back Yard Play Sets RIN: 3041~AB47 (PRERULE)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under 5 USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 5 USC 553(e) Administrative Procedure Act; 15 USC 1261 Federal Hazardous Substances Act CFR CITATION: 00 CFR 00 LEGAL DEADLINE: None ABSTRACT: A petition from the New York City Department of Consumer Affairs requests the Commission to develop a rule to ban certain back yard play sets. The petition asserts that back yard play sets present unreasonable risks of injury to children if they do not meet the requirements of a voluntary standard for home playground equipment published by ASTM (The American Society for Testing and Materials); are not accompanied with adequate information about ground surfacing; or lack specific features described in the petition. On May 21, 1996, the Commission denied those parts of the petition requesting issuance of a rule to ban any back yard play set which does not conform to all requirements of the ASTM voluntary standard; which has an accessible height that exceeds six feet above protective surfacing; which does not have adequate fall zones under climbing structures; or which does not provide adequate space between any item of swinging equipment and any other item of swinging or stationary equipment. In March 1997, the staff is scheduled to transmit additional information to the Commiss#ion concerning revisions of the voluntary standard now being considered by ASTM. The Commission will then decide whether to grant or deny the remaining requests in the petition.

DATE 2/25/97 PAGE 2
RIN:

3041-AB47 TITLE: Petition HP 93-l Requesting Development of a Rule to Ban Certain Back Yard Play Sets

TIMETABLE: ACTION DATE FR CITE

Partial Denial of Petition....................O5/21/9 6 Staff Sends Additional Information to Commission ............................. 03/00/97 Commission Decision ...........................04/00/97
SM2lLL ENTITIES AFFECTED: Undetermined

CO-

LEVELS AFFECTED: Undetermined

AGENCY CONTACT: John Preston, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207, 301 504-0494

DATE 2/25/97 PAGE 1 TITLE: Requirements for Child-Resistant Packaging of Ketoprofen RIN: 3041-AB55 (FINAL) REGDLZiTORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under 5 USC 801 is undetermined. REINVEETING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTEORITI: 15 USC 1471 Poison Prevention Packaging Act CFR CITATION: 16 CFR 1700.14 LEGAL DEADLINE: None ABSTRACT: A regulation issued under the Poison Prevention Packaging Act (PPPA) and codified at 16 CFR 1700.14(a)(lO) requires that most prescription drugs in oral dosage form must be in child-resistant Until recently, Ketoprofen, a nonsteroidal antipackaging. In 1995, inflammatory drug was available only by prescription. the Food and Drug Administration reclassified Ketoprofen to allow its sale as a non-prescription drug. Because Ketoprofen is no longer a prescription drug, it is not subject to the requirements of 16 CFR 1700.14(a)(lO) for child-resistant packaging. On November 20, 1996, the Commission published a proposed rule under the PPPA The staff to require child-resistant packaging of ketoprofen. is reviewing written comments on the proposed rule and preparing a briefing package for consideration by the Commission when deciding whether to issue a final rule. TI-LE: ACTION DATE FR CITE 61 FR 59043 61 FR 59043

NPRM ............................................. 11/20/96 NPRM Comment Period End .......................... 02/03/97 Staff Sends Briefing package to Commission ..................................... 06/00/97 SHALL ENTITIES AFFECTED: None GGVEREMEET LEVELS AFFECTED: None

DATE 2/25/97 PAGE 2 RIN: 3041-AB55 TITLE: Requirements for Child Resistant Packaging of Ketoprofen

AGENCY CONTACT: Jacquiline Ferrante, Project Manager, Consumer Product Safety Commission Directorate for Epidemiology and Health Sciences Washington, DC 20207 (301) 504-0477

DATE 2/25/97 PAGE 1 TITLE: Requirements for Child-Resistant Packaging of Household Products Containing Ammonia RIN: 3041-AB56 (LONG-TERM)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under 5 USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 15 USC 1471 Poison Prevention Packaging Act CFR CITATION: 16 CFR 1700.14 LEGAL DEADLINE: None ABSTRACT: Some household Ammonia has both irritant and corrosive properties. products containing ammonia are subject to requirements for cautionary labeling by the Federal Hazardous Substances Act. In March 1997, the staff is scheduled to transmit a briefing package to the Commission concerning whether some of these products containing ammonia should also be subject to requirements for child-resistant packaging under the Poison Prevention Packaging Act.
TIMETABLE:

ACTION

DATE

FR CITE

Staff Sends Briefing Package to Commission .. ... .. ...... ..... ........... ... .. ..03/00/97 Commission Decision . ........................... ..04/00/97 SMALL ENTITIES AFFECTED: Undetermined GB LEVELS AFFECTED: Undetermined

AGENCY CONTACT: Jacqueline Ferrante, Project Manager, Consumer Product Safety Commission Directorate for Epidemiology and Health Sciences Washington, DC 20207 (301) 504-0477

DATE 2/25/97 PAGE 1 TITLE: Requirements for Child-Resistant Packaging of Household Products Containing Petroleum Distillates RIN: 3041~AB57 (PRERULE)

REGULZATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under !jUSC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 15 USC 1471 Poison Prevention Packaging Act CFR CITATION: 16 CFR 1700.14 LEGAL DEADLINE: None ABSTRACT: Some household products co:ntaining ten per cent or more by weight of petroleum distillates a're subject to requirements for childresistant packaging by regulations issued under the Poison Prevention Packaging Act and codified at 16 CFR 1700.14(a). These products include liquid furniture polish (section 1700.14(a)(2)), lighter fluid (section 1700.14(a)(7)), and prepackaged solvents for paint (section 1700.14(a)(15)). However, many other household products containing petroleum distillates are not required to be in child-resistant packaging. On January 27, 1997, the staff transmitted a briefing package to the Commission discussing whether child-resistant packaging should be required for additional household products containing petroleum distillates and other On February 18, 1997, the Commission decided to begin hydrocarbons. a proceeding which may result in requirements for child-resistant packaging of additional household products containing petroleum distillates and other hydrocarbons. TIMETABLE: ACTION DATE FR CITE

Staff Sends Briefing package to Commission . .. . ... .......... ....... ....... .. ...01/27/97 Commission Decision .................. ......... ...02/18/97 Staff Implements Commission Decision .. ... . ...... ......... ............. .. ..03/00/97

DATE 2/25/97 PAGE 2 RINt 3041~AB57 TITLE: Requirements for Child-Resistant Packaging of Household Products Containing Petroleum Distillates SMALL ENTITIES AFFECTED: Undetermined GB LEVELS AFFECTED: Undetermined

AGENCY CONTACT: Suzanne Barone, Project Manager, Consumer Product Safety Commission Directorate for Epidemiology and Health Sciences Washington, DC 20207 (301) 504-0477

DATE 2/25/97 PAGE 1 TITLE: Amendment of Regulation Applicable to Fuse-Burn Time of Fireworks RIN: 3041-AB58 (COMPLETED) REGULATORY PLAN: No

PRIORITY: Substantive, Nonsignificant REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL 15 15 21 AUTRORITY: USC 1261 Federal Hazardous Substances Act; USC 2079(d) Consumer Product Safety Act; USC 371(e) Federal Food,, Drug and Cosmetic Act.

CFR CITATION: 16 CFR 1507.3(a)(2) LEGAL DEADLINE: None COMPLETED: REASON DATE FR CITE 61 FR 67197 62 FR 4910

Final Action .................................. 12/20/96 Final Action Effective........................O2/03/9 7 SMALL ENTITIES AFFECTED: Businesses GOWEWWEW LEVELS AFFECTED: None

AGENCY CONTACT: Robert Poth, 301 504-0400

DATE 2/25/97 PAGE 1 TITLE: Petition CP 96-l Requesting Amendment of the Safety for Cigarette Lighters RIIO: 3041~AB65 (COMPLETED)

Standard

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant REINVENTING GOVERNXENT: This rulemaking is not part of the Reinventing Government effort. LEGAL ADTHORITY: 5 USC 553(e) Administrative Procedure Act; 15 USC 2051 Consumer Product Safety Act CF'R CITATION: 16 CFR 1210 LEGAL DEADLINE: None COMPLETED: REASON DATE FR CITE

Final Action: Petition Granted.............l/O8/97 Final Action Effective .. ...................1/08/97 ENTITIES AFFECTED: None GB LEVELS AFFECTED: None

AGENCY CONTACT: Barbara Jacobson, 301 504-0477

DATE 2/25/97 PAGE 1 TITLE: Requirements for Child-Resistance of Multi-Purpose Lighters RIN: 3041~AD66 (PROPOSED) REGULATORY PLAN: No

PRIORITY: Substantive, Nonsignificant Major status under 5 USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTRORITY: 5 USC 553 Administrative Procedure Act; 15 USC 2051 Consumer Product Safety Act CFR CITATION: 16 CFR 00 LEGAL DEADLINE: None ?BSTRACT: On January 16, 1997, the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding which may ' result in a mandatory rule requiring multi-purpose lighters to resist operation by children. The regulatory alternatives under consideration include amending the Safety Standard for Cigarette Lighters (16 CFR Part 1210) to bring multi-purpose lighters within its scope or developing a new safety standard for multipurpose lighters. The cig.arette lighter standard requires lighters subject to its provisions to have a child-resistant mechanism to prevent operation by most children younger than five years of age. At this time, that standard applies to disposable and novelty lighters used to ignite cigarettes, cigars, and pipes r but not to multi-purpose lighters used to ignite fuel for fireplaces or charcoal or gas-fueled grills. The Commission began this proceeding after considering information about deaths and serious burn injuries from fires started by multi-purpose lighters which were operated by young children. The Commission will consider written comments received in response to the ANPRM before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking (NPRM).

DATE 2/25/97 PAGE 2 RIE: 3041-AB66 TITLE: Requirements for Child-Resistance of Multi-Purpose Lighters TIMETABLE: ACTION DATE FR CITE 62 FR 2327 62 FR 2327

ANPRM ...................................... 01/16/97 ANPRM Comment Period End...................O3/17/9 7 Staff Briefing Package on NPRM .................................... 02/00/98 SMALL ENTITIES AFFECTED: Undetermined GOvEaEIHENT LEVELS AFFECTED: Undetermined AGBNCY CONTACT: Barbara Jacobson, Project Manager, Consumer Product Safety Commission, Dir. for Epidemiology and Health Sciences, Washington, DC 20207, 301 504-0477

DATE 2/25/97 PAGE 1
TITLE:

Amendment of Safety Regulations for Cribs RIM: 3041~AB67 (LONG-TERM)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under 5 USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 5 USC 553 Administrative Procedure Act; 15 USC 1261 Federal Hazardous Substances Act CFR CITATION: 16 CFR 1508 16 CFR 1509 LEGAL DEADLINE: None ABSTRACT: On December 16, 1996, the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding which may result in amendment of the safety regulations for full-size and non-full-size cribs, 16 CFR Parts 1508 and 1509. Among the regulatory alternatives under consideration is amendment of the regulations to add tests to assure that slats will not disengage from the side panels of cribs. The Commission began this proceeding after considering information about incidents in which crib slats disengage'd from the side panels of cribs, creating a risk that children may become entrapped between the remaining slats or fall out of the crib. The Commission will consider written comments received in response to the ANPRM before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking (NPRM). TIMETABLE: ACTION
ANPRM ......................................

FR CITE 61 FR 65996 61 FR 65996

12/16/96 ANPRM Comment Period End...................O2/14/9 7 Staff Briefing Package on NPRM .................................... oo/oo/oo SMALL ENTITIES AFFECTED: Undetermined GOVERNMENT LEVELS AFFECTED: Undetermined

DATE 2/25/97 PAGE 2 RIN: 3041-AB67 TITLE: Amendment of Safety Regulations for Cribs AGENCY CONTACT: Deborah Tinsworth, Project Manager, Consumer Product Safety Commission, Dir. for Epidemiology and IKealth Sciences, Washington, DC 20207, 301 504-0470

DATE 2/25/97 PAGE 1 TITLE: Amendment of the Standard for the Flammability of Clothing Textiles
RIM:

3041-AB68

(PRERULE)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under !5USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort. LEGAL AUTHORITY: 15 USC 1191 Flammable Fabrics Act CFR CITATION: 16 CFR 1610
LEGAL

DEADLINE: None

ABSTRACT: The Standard for the Flammability of Clothing Textiles prohibits the manufacture, importation, or sale of clothing, and fabrics and related materials intended for use in clothing, which are dangerously flammable because of rapid and intense burning. The standard prescribes the ap:paratus, procedure, and criteria to be used for testing to determine compliance with that standard. The standard was made mandatory by the Flammable Fabrics Act of 1953 (Pub. L. 83-88, 67 Stat. 111; June 30, 1953). Some of the equipment and procedures specified by the standard, particularly those for laundering and drycleaning of test specimens, have become obsolete, unavailable, or unrepresentative of current practices. The staff is preparing a briefing package describing modifications of the standard which are needed to assure that the test in the standard is conducted with equipment and procedures representative of conditions to which garments are currently exposed. After consideration of the briefing package, the Commission will decide whether to begin a proceeding for amendment of the standard. TIXETABLE: ACTION DATE FR CITE

Staff Sends Briefing Package to Commission .. .. ........ .. .............06/00/97 Commission Decision........................O7/00/97

DATE 2/25/97 PAGE 2 RIN: 3041~AB68 TITLE: Amendment of the Standard for the Flammability of Clothing Textiles SMALL ENTITIES =FECTED: GOD Undetermined

LEVELS AFFECTED: Undetermined

AGENCY CONTACT: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207, 301 504-0550

.

.

DATE 2/25/97 PAGE 1 TITLE: Amendment of Laundering Procedures in Flammability Standards for Children's Sleepwear, Carpets and Rugs, and Mattress Pads RIN: 3041-AB69 (PRERULE)

REGULATORY PLAN: No PRIORITY: Substantive, Nonsignificant Major status under !5USC 801 is undetermined. REINVENTING GOVERNMENT: This rulemaking is not part of the Reinventing Government effort.
LEGAL

AUTEORITY: 15 USC 1191 Flammable Fabrics Act

CFR CITATION: 16 CFR 1615, 1616, 1630, 1631, 1632 LEGAL DEADLINE: None ABSTRACT: Flammability standards for children's sleepwear, carpets and =Kls I and mattress pads contain procedures for washing and drying specimens before testing to assure that flame retardants used in these products will not be removed by repeated laundering or cleaning. The laundering procedures in all of these standards currently require use of a detergent and washing methods that are no longer representative of those used for home laundering. The staff is preparing a briefing package concerning the laundering procedures in these standards and modifications which may be needed to assure that the effect of laundering on the flammability of the products covered by these standards is assessed with equipment and procedures currently used by consumers. After consideration of the briefing package, the Commission will decide whether to begin proceedings for amendment of the standards to revise their laundering procedures.

TIMETABLE: ACTION DATE FR CITE

Staff Sends Briefing Package to Commission ... .. ... ..*................ 03/00/97 NPRM a...................................... 04/00/97

DATE 2/25/97 PAGE 2 RIX: 3041--69 TITLE: Amendment of the Laundering Procedures in Flammability Standards for Children's Sleepwear, Carpets and Rugs, and Mattress Pads
m ENTITIES AFFECTED: Und&e~ined

GB

LEVELS AFFECTED: Undetermined

AGFnNCY CONTACT: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207, 301 504-0550